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(영문) 울산지방법원 2017.06.19 2017고단1704
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 20, 2017, the Defendant violated the Act on the Punishment of Acts, Etc. of Arranging-gun, Ulsan-gun, B (2nd floor) “C” established six smuggling and one shower room at around 40,00, in the name of Ulsan-gun, Ulsan-gun, “C,” and arranged sexual traffic by having three employees, such as D, E, F, etc., enter into a sexual intercourse with a male guest at the intervals of KRW 50,000,00,000,000,000,000 won, out of KRW 10,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00,00.

2. No person in violation of the Educational Environment Protection Act shall conduct business which is likely to be made a deposited inside, sexual act or similar act in an educational environment protection zone for the purpose of protecting the health, sanitation, safety, learning and educational environment of students;

The Defendant engaged in sexual traffic in the same manner as that of the preceding paragraph in Ulsan-gun B(2) in a place less than 167 meters away from the boundary of H kindergarten located in Ulsan-gun G, Ulsan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, E, or D;

1. Application of GIS, Naver map, and each photographic statute to an educational environment protection zone;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 16 (1) and Article 9 subparagraph 13 of the Educational Environment Protection Act (Appointment of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (excluding the minor nature of the crime by arranging sexual traffic within an educational environment protection zone, but the primary crime is the first crime, and the suspension of execution shall be selected within the lower limit of the basic area of arranging sexual traffic within the scope of the sentencing criteria, in consideration of various circumstances, such as the scale of the crime committed in the records and pleadings, and the details of the crime, etc.);

1. Article 62-2 of the Criminal Act on the observation of protection;

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